biggish data

Is the packet supposed to be returned to you on entry?

Ok, gotcha - thanks everyone.

So that means the copies of the medical exams are in there and we won't need to provide copies again when we apply for AOS (he didn't make photocopies of them before he turned them in to the embassy in Malawi)?

That SHOULD be what happens, yes.

pushbrk

Male

China

2011-05-09 11:44:00

Is the packet supposed to be returned to you on entry?

You don't get it back. When you send your application for AOS, they will have the package then

Correct and they won't give it to you then either. It's your government file and they keep it. If there are originals in it that you would like back, take copies to trade at the AOS interview.

pushbrk

Male

China

2011-05-09 10:01:00

need to resubmit documents in color for fiance petition?

Legible copies are fine. For items in color, like passports, it's usually easier to get good clear copies in color. Either way, the key is legible. No requirement for color.

If you are referring to the K-1 forms, they are all in black and white, with blue blocks for the data information. I'm guessing that they require you to print this out on a colored printer, showing the identifiable "blue" blocks. I just downloaded the latest I-129F, and can see the "blue" blocks. We printed all of our forms out on a colored printer, so if contained any shaded areas in color, then this is what we sent. If you are discussing making copies of your passport, or other evidence that were in color, then yes, we sent ours in color. Also, all the pictures we sent as evidence of us being seen together were in color. I cannot imagine USCIS ever providing colored forms outside of the blue patterns for data blocks. If USCIS is requesting such, then it should be carried out verbatim. If you are concern as to whether or not you have the most updated K-1 forms, just go to the USCIS Web site and download them. Hope this helps.

The blue blocks need not show in the printing of the forms. That's actually highlighting for your convenience, not really part of the form.

pushbrk

Male

China

2011-05-09 12:02:00

medical failed?

Here is a list of Communicable diseases of Public significance that are on the US department of state website about alien medical examinations:

2. The definition of "communicable disease of public health significance" in 42 CFR 34.2(b) continues to include a list of the following eight specific diseases:

(1) Chancroid;
(2) Gonorrhea;
(3) Granuloma inguinale;
(4) Human immunodeficiency virus (HIV) infection;
(5) Leprosy, infectious;
(6) Lymphogranuloma venereum;
(7) Syphilis, infectious stage;
(8) Tuberculosis, active;

This list is not current. HIV is no longer on the list. See later post for reference.

Umm how is Aids not on the list???? That to me would seem like the most severe STD???

HIV = Aids. It was removed from the list.

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
42 CFR Part 34
[Docket No. CDC–2009–0003]
RIN 0920–AA26
Medical Examination of Aliens—
Removal of Human Immunodeficiency
Virus (HIV) Infection From Definition of
Communicable Disease of Public
Health Significance
AGENCY: Centers for Disease Control and
Prevention (CDC), U.S. Department of
Health and Human Services (HHS)
ACTION: Final rule.
SUMMARY: Through this final rule, the
Centers for Disease Control and
Prevention (CDC), within the U.S.
Department of Health and Human
Services (HHS), is amending its
regulations to remove ‘‘Human
Immunodeficiency Virus (HIV)
infection’’ from the definition of
communicable disease of public health
significance and remove references to
‘‘HIV’’ from the scope of examinations
for aliens.
Prior to this final rule, aliens with
HIV infection were considered to have
a communicable disease of public
health significance and were thus
inadmissible to the United States per
the Immigration and Nationality Act
(INA). While HIV infection is a serious
health condition, it is not a
communicable disease that is a
significant public health risk for
introduction, transmission, and spread
to the U.S. population through casual
contact. As a result of this final rule,
aliens will no longer be inadmissible
into the United States based solely on
the ground they are infected with HIV,
and they will not be required to undergo
HIV testing as part of the required
medical examination for U.S.
immigration.
DATES: This final rule is effective
January 4, 2010.

pushbrk

Male

China

2011-05-12 00:54:00

medical failed?

What type of things will cause the medical to fail? Are they just looking for things like aids/stds or is it beyond that?

Aids, no but STD's and other communicable diseases of significance, such as TB, yes. Aids was removed from the list about a year and a half ago. Admitting the use of illegal drugs is a big problem and certain mental illness is also of concern. Actual drug test failure is big deal too.

Edited by pushbrk, 11 May 2011 - 08:28 PM.

pushbrk

Male

China

2011-05-11 20:27:00

G325A - help!!!!

Definitely original, I had a Visa company review my application and this was a topic of discussion.

Opinions vary. Read the memo. Signature of foreign beneficiary living abroad is NOT REQUIRED.

pushbrk

Male

China

2011-05-12 20:40:00

G325A - help!!!!

I think you should call the customer service line at your service center and ask about this question. I dont agree that you have to send them an original. I am pretty certain you can send a copy!

There is no such thing as a customer service line at a USCIS service center. There's just the one misinformation line called that for good reason.

pushbrk

Male

China

2011-05-12 14:18:00

G325A - help!!!!

For a K-1/Fiance visa (at least) - it is my understanding that the foreign fiance does not need to sign the G-325A (still need photos but,).

Source

Exactly correct. I would print or type, "Will sign at Consulate" in the signature space for the foreign fiancee. That said, not all USCIS employees will know this is OK but I expect those dealing with RFE's will be up to speed on this memorandum.

pushbrk

Male

China

2011-05-12 09:14:00

U.S citizenship proof

do i need to get my passport copies notorized, and any suggestions of how to go about telling them my two last names...

Assumed names used for more tahn 5 yrs, with doc proof of this, and 3 signed affidavits of ppl who know you as both, my mother signed one of these as well. I did send b cert with it, and went on with the other things as i said.

do i need to get my passport copies notorized, and any suggestions of how to go about telling them my two last names...

No, your passport copies do not need to be notarized.

pushbrk

Male

China

2011-05-13 08:29:00

U.S citizenship proof

I am jumping ahead way here, but doesn't the embassy Require my birth cert. At the interview stage for my fiancee... And I'm not sure how long getting my cert amended would take, but I\ll looking into this right now.

No, they don't. They require her birth certificate. Your US Citizenship is established with a copy of all pages (even the blank ones) of your US passport.

pushbrk

Male

China

2011-04-27 08:46:00

U.S citizenship proof

What if you just use the passport for your proof of citizenship since it's under the name you use, and in the meantime see what you'd need to do in your state to get an amended birth certificate issued?

Yes, submit a preferably color copy of all pages of your US passport as evidence of US citizenship. Doesn't sound like there was any name change, from what the OP has written. They used the mother's maiden name as family name from day one.

pushbrk

Male

China

2011-04-26 09:16:00

Filling location

Hi fellow VJ's, my USC fiancee sent our 1-29f application few days ago and when I tracked the application using USPS i read that Your item arrived at 6:46 am on May 02, 2011 in LEWISVILLE, TX 75067. The Postal Service expects to deliver the item on Monday, May 2, 2011. My question is how do I know which consulate my USC fiancee is filling from, also; how would I know if the application reaches the right destination and has been touched so I would know how to fill my timeline.

Thank you.

I suggest you slow down and spend your time learning the process and proper terminology. The I-129F is not an application. It is a petition. It will go to a service center in the USA first and then once approved, it will go to Kuala Lumpur, where you will apply for a visa. Your receipt notice will tell you which service center it was assigned to.

pushbrk

Male

China

2011-05-13 20:07:00

Filling location

Do you mean the passport or the visa validity? my visa is expired and my passport is currently with college for 6months visa extension as am on a Year course which I have already completed 6months and currently on the second 6months which my passport is yet to come out, am expecting it anytime from now.

Thank you

Be assured that when I say "passport" I mean "passport". You'll want your interview to occur where you are living when the interview will occur. That will most likely be more than six months from now.

pushbrk

Male

China

2011-05-02 11:25:00

Filling location

Thank you very much for your kind response, I wish to know since my traveler;s passport is with the Malaysia immigration through school for 6months visa extension which is required by students who are on short course, my question is would I be approved since my traveler passport is valid below 6months as I intend to reapply for 2 years degree program when I get back from Nigeria to obtain my police report when my school issues my passport. Also, at what time would the consulate request for my traveler passport?

Your interview will be several 7 to 10 months from now, in the country where you are a citizen or the one where you are residing. Your fiance would have indicated the consulate on the I-129F petition. The passport must have a remaining validity of at least six months, in order to have a K1 visa affixed to it. What is your passport expiration date? If it is less than six months from now, you'll be getting a new one before you obtain your visa anyway.

pushbrk

Male

China

2011-05-02 09:01:00

Visa Extension?

My fiance and I were approved for our K1 Visa in December of this year and I must use it by June or it is no longer valid. I am a Canadian citizen and he is American. The only reason I haven't moved to him yet, is I was planning to stay here in Canada as long as possible to save as much money as possible towards our wedding. But I recently had a close family member pass away and had to use most of my savings towards paying off a remaining debt they had. Now I'm almost back at square 1, financially, and would like a little more time to save some money so we're not struggling once I move. Has anyone requested such an extension or does anyone know if it's possible? I'd appreciate any help anyone has to give. Thank you so much!

They won't extend the visa. If they do anything, they will reissue it. You can ask. The worst they can do is say no. Don't hold your breath on this.

pushbrk

Male

China

2011-05-14 10:13:00

I-134 Concerns

She is my biological child also accompanying me using her US passport. So, I will not list her name then since she will be using her US passport and not K2 visa?

Right. Both "accompanying" and "follow to join" are in the context of visa. If your fiance, the child's father was also traveling with you, you wouldn't list him in that area of the form either. List the child as a child of the sponsor.

pushbrk

Male

China

2011-05-14 16:53:00

I-134 Concerns

Hello VJ members, hope all is well. My fiance' asked me a favor to fill-up the form I-134 for him later since the military is keeping him busy most of the time.
Please, I need your opinions on these concerns:

1st- my baby is accompanying me/us(me and fiance') to come to US but not through K2 visa since she is a USC already and has a US passport. Do I still need to list her name in the form I-134 asking to list the name of the foreign fiancee's child who will be accompanying or follow to join?
2nd – the item number 8 under "relationship to me" section of I-134 won't allow me to type the word "daughter" as she is really my fiance's biological daughter(our biological daughter) and is dependent upon him and she is on his tax. Should I just handwrite the word "daughter"?

3rd – I applied for a tourist visa before and my fiance' submitted I-134 for me during that time as my sponsor. Question is, should I list my name on item number 9?
4th – my fiance' is divorced already, he filed I-129F for his ex before also. My question is, do I have to list her name on item number 10 and put "former spouse" in the relationship section?
5th- do we need to get this form notarized?

Your baby will be listed as a dependent child of the sponsor, NOT as your child to accompany or follow to join.

pushbrk

Male

China

2011-05-14 10:10:00

It is her job (talk about sexist to assume my senators are male!). it is her job to help her constituents with their concerns. it is her job not to make the outcome what I want it to be but to be sure that the laws are followed and my case is given due consideration. and, as a matter of fact, her office has already contacted me and is willing to get involved.

You might want to consider the meaning of the verb in my sentence. It was "intercede". Sorry if I neglected to use the correct pronoun but it doesn't change the message. You'll best help yourself by staying focused on what matters to the process instead of what doesn't.

pushbrk

Male

China

2011-02-06 19:07:00

True very true, sadly the case looks very suspect ( i know its not) I dont think she would be on here heartbroken if it wasnt but I have to admit to the outside eye it looks suspect, I would be suspect of the situation if I was reviewing it. I still think she can get passed it though, if its genuine then where theres a will theres a way.

"It" is a relationship between two people, ONE of whom is here heartbroken. We know NOTHING about the other side of the relationship, good, bad or indifferent. In this type of case, it's far less likely the US Citizen is part of any immigration fraud than the foreigner.

pushbrk

Male

China

2011-02-05 02:37:00

Be realistic in your expectations. If you are a United States Senator and people who are unhappy with the decision of US Government employees contact you every few days and complain, do you really think you would butt in every time? Sure, if some documented abuse or scandal surfaces, perhaps, but if a woman complains that her fiance in Algeria did not pass the interview because the consular officers concluded possible abuse or fraud or call it whatever you want, I don't think that's something a US Senator would want to deal with. It's not his job.

Not only is it not his job to intercede or attempt to overcome the decision of Consular officers, unless he knows you personally and is intimately familiar with your relationship, he's simply not QUALIFIED to intercede. The Consular officers did their job as they do every day. Sometimes and maybe even often, couples disagree with those decisions. There's a process in place to deal with those disagreements but it takes time, and doesn't always work out the way we want it to.

pushbrk

Male

China

2011-02-04 23:21:00

May I ask who conducted the interview? Was it a blonde lady or an arabic man? The reason I am asking is because I am an older woman engaged to be married to a younger Algerian man.

Because something is terribly wrong with this procedure. It's okay for an OLDER man to marry a YOUNGER woman, but not the other way??? That is injustice.

I hope you can secure some form of consultation and bring your honey to AMERICA. I wish you the best.

Sincerely, Deafemily

Consular officers are not considering the subject in the way you describe. It's not a matter of whether it's OK with them that you marry. Their job is to determine whether the relationship is bona fide or only entered into by one or more of the parties exclusively to circumvent US immigration laws to obtain an benefit. In making their somewhat subjective judgment call, they are trained and expected to consider the totality of the circumstances, including local social and religious culture and norms.

To be blunt, they are wanting to determine whether YOU are being used and lied to or whether both of you are lying to them about the relationship. It's highly unusual for a young Muslim male to marry a woman who has been divorced and even more unusual if she's too old to have his children. People in these reverse age difference relationships are often successful and often not but ALWAYS see extra scrutiny.

pushbrk

Male

China

2011-02-04 23:13:00

I am seeing a disturbing pattern of visa refusals, Stokes interviews, AAP and other abuses directed largely at non-white or non-European beneficiaries. Is anyone else seeing this?

The above is a Red Herring. Google, "Post hoc, ergo propter hoc" and have a read.

What you're seeing is related people from "poorer" countries with high motivation to improve their lives by cheating the system to get to the USA or other "Western" industrialized countries. They aren't poor because they aren't white and so neither are they seeing extra scrutiny because they aren't white.

Consular posts that see a lot of fraud, deal with visa applicants differently than in posts where there's little fraud. How much fraud, tends to track with the motivation and to a certain extent with the culture.

The cause is the fraud not the skin color, as in, it's not the clothes that make you look fat.

pushbrk

Male

China

2011-02-04 01:36:00

Income for I-134

Your Timeline indicates a K-1 Petition and a 129-F Application. You sent a I-134 Form for no reason. That is later as far as Income Requirements. As far as the beneficiary's income will have no bearing on the Approval. The Petitioners Income is only counted. The Orignil 129-F is for backgrounds checks of the Petitoner/beneficiary.
For a Couple of 2 the Petitioner should have a a minium of $ 18,318.00 if alone going by GROSS Income. I have doubts about that because it might be $18,218.00 Gross Income.
If these requirements are hard to meet then Assets can be used. Well, it's a start.

The correct terminology is that an I-129F PETITION was filed. There is no K1 petition. K1 is a visa category, not a petition. Please don't confuse a visa application with a petition for fiancee. When the petition is approved, the beneficiary will be invited to apply for a visa.

pushbrk

Male

China

2011-05-16 01:31:00

Affidavit of support

So bottom line... the fee is $350 dollars that is what they ask for and you can pay when you go to the US embassy in Cairo so no problem there. You do not have to worry about the $131 they just updated their instruction so $350 is the only money you pay once packet four comes in then pay for the interview.

Yes the fee is $350 but it is not an interview fee. it is the visa application fee. (A fee for processing a visa application, which includes more services than the interview.)

pushbrk

Male

China

2011-03-30 19:50:00

Unemployement and affidavit of support

Thx, then that should work for us !!

If the money is in a liquid asset, like a bank account or investments, you should be fine. If not liquid, please elaborate.

pushbrk

Male

China

2011-05-18 10:10:00

DENIED . . . ?

Topic title edited to be a little less disturbing and more accurate for the contents of this thread .
~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off now:

Reasons for denial include: Petitioner not being eligible to sponsor fiance/e (ie not a US citizen, not free to marry, too close a family relationship, etc. ); Petitioner and Beneficiary not having met within the last 2 years - or not being able to prove it; Petitioner and Beneficiary suspected of a fraudulent relationship entered into only for immigration purposes; Beneficiary has a criminal record or moral turpitude issues (eg prostitution, drug abuse, belongs to terrorist or other types of suspect organizations, etc.); Beneficiary has serious health issue that poses risk to US citizens and cannot be resolved; Petitioner fails to meet the necessary income requirements for the Affidavit of Support (may be allowed to overcome with co-sponsor but is Consulate specific); Beneficiary has been banned from the US for previous immigration violations (ban may be temporary or permanent and can sometimes be overcome with special waivers); beneficiary misrepresents or lies about a crucial bit of information that if known, could impact the decision (ie failing to disclose a previous arrest, etc.); Beneficiary not eligible to marry (ie. still married and not divorced/annulled); couple fails to satisfy cultural/societal requirements/patterns of the foreign country for marriage eligibility . . there may be more (probably are) but these are the ones that come to mind.

The usual reasons are that the couple has failed to meet in person within the last 2 years - or are unable to prove it - and the Consulate suspects the relationship may be fraudulent and entered into only to gain immigration benefits. Most of the posters on Visa Journey find this site early enough in their process that they are able to take advantage of the members' knowledge and prepare their petitions in such a way as to address these issues. Even still, some in the higher fraud countries still run into road blocks.

Good luck to you.

Kathryn has mixed petition denial reasons with visa denial reasons. Failure to provide evidence of meeting within two years is a reason to deny a petition.

I would also comment that while petition denials are rare, except for those who haven't met within two years, (There are an amazing number of those.) the notion that visa denials are "rare" is just silly. Even so, it's best not to dwell on probabilities. Instead, be aware of any red flags in your own relationship and case and deal with them appropriately. Then, be well prepared for the interview.

pushbrk

Male

China

2011-05-10 09:53:00

It was $340 but the fees were due to go up in May. I am not sure what day so dubble check it.

To what "it" do you refer?

pushbrk

Male

China

2011-05-18 17:42:00

Thank you for clarifying this. Amazing, a fee to apply for a petition and then another $350 for the visa and the medical fees.

No, it's a fee for "filing" a petition. A petition is NOT an "application". The $350 is not "for the visa". It's a visa application fee. These distinctions are critical to understanding the process. First, there are no refunds, so the fees are to file and to apply, not to RECEIVE anything.

The US Citizen petitions in behalf of the foreign fiance or spouse. An approved petition, allows the foreigner to apply for a visa.

pushbrk

Male

China

2011-05-18 01:12:00

I sent the Package today and a check for $340-- If I am ten dollars off, I guess they will let me know. Will they nix the application>>

Petition filing fee, $340. A petition is not a visa application. The visa application fee is $350. It's paid later, usually local currency abroad. Don't confuse filing a petition with applying for a visa.

pushbrk

Male

China

2011-05-16 23:32:00

Is the $350 per person our does her son go on the with her like the original K1 filing fee?

Each visa applicant pays the visa application fee.

pushbrk

Male

China

2011-05-16 10:07:00

- I-129f: 340$
- medical in Paris: 170€ (I go to mine friday)+ additional coasts if you lack some vaccination
- interview fee in paris: 263€

Medical related expenses vary by country but the $350 visa application fee is consistent worldwide. Guess you haven't paid that fee yet?

pushbrk

Male

China

2011-05-16 09:06:00

WRONG. The 129-F is $340.00 . Made out to The Department of Homeland Security. (Check or Money Order or Bank Cashiers Check as I did) Embassies might be different as I have been told by others. My Only Example is it was Correct that the Philipphines is $213.00 for an additional Visa Fee on top of the Medical and alot of expenses accumulate along the way. But, The Fee was reduced from $455.00 in November 2010 to $340.00. Funny though, other costs went up. The Visa fee according to Our friend in the Philipphines is $213.00 (But thats the Philipphines) Sorry MBH. Your not in the Phils. LOL

The I-129F petition filing fee is currently $340, since 11/23/2010.

The visa application fee for the K1 visa is $350, usually payable in the local currency based on current exchange rate. The visa application fee is paid abroad, not at the time the petition is filed.

Perhaps the medical exam in Manila is $213 but not the visa application fee. It's the same US Dollar amount everywhere.

pushbrk

Male

China

2011-05-16 01:28:00

K1 Visa Denied - Petition is Expired

212(a)(5)(A) actually has nothing to do with expired petitions - it has to do with labor certifications. Some consulates, including India, cite 212(a)(5)(A) when they don't have a specific inadmissibility to apply to the visa applicant. Here's another case where the same thing happened in India:

http://www.visajourn...valid-petition/

In that case, the consulate sent an email explaining that the real reason for the refusal was that they didn't believe there was a valid relationship.

Yes, and that's the most likely reason in this case too but the interview detailed report is likely to reveal WHY the didn't believe there was a bona fide relationship.

pushbrk

Male

China

2011-05-19 09:12:00

K1 Visa Denied - Petition is Expired

My fiance was handed a paper titled "The Foriegn Service of the United States of America Refusal Worksheet" (OF-194) with the box next to "Section 212(a)(5) (a) petition is expired" checked.

I see. He was interviewed for 30 minutes. I would have him write a detailed report of the interview experience including all the questions and the answers. The real reason for denial is likely to become evident from that report. Regardless of what happens next, the real reason must be addressed before you'll be together in the USA.

pushbrk

Male

China

2011-05-19 08:54:00

K1 Visa Denied - Petition is Expired

I am new to this and would like insight about what I should next in my case. My fiance was denied a visa with the reason that the petition was expired. Here's the background:
- My first marriage was in December 2003 and my then-husband came to the US in 2006 on I-130. We seperated in April 2008 and filed for divorce in April 2009. The divorce was finalised in Dec 2009.
- I met my current fiance in March 2009 on my trip to India. Then I went back to India in June 2010 and got engaged.
- Sent I-129F: 7/5/2010
- NOA1: 7/12/2010
- NOA2: 10/25/2010 (Approval Notice valid from 10/25/2010 to 02/25/2011)
- NVC sent petition to Mumbai Consulate: 11/12/2010
- My fiance didn't receive any correspondence regarding the case even after the petition validity expired. He tried to contact the consulate by calling as well as personally visiting the conulate inquiry office in January 2011, but he was asked to keep waiting.
- I emailed the consulate on 3/16/2011 and they said that they had mailed packet 3 back on 11/16/2010 - but my fiance had never received anything.
- My fiance submitted the relevant forms and papers. Then got Packet 4 and interview date of 5/2/2011. We assumed that they had extended the application validity.
- My fiance was interviewed for about 30 mins and after that he was told that the petition was expired.
- I contacted the consulate and explained the situation (citing that the CO has the powers to extend the petition per 9 FAM 41.81 N6.2). Their response was that the case was being returned to the USCIS.

Reading other folks' experiences, it sounds that I should not re-file for K-1 visa or even marry and file for CR-1 visa until I hear from USCIS.

I would appreciate any responses regarding what my options are.

Your fiance should have been given something in writing before leaving the Consulate. Exactly what does that paper say?

pushbrk

Male

China

2011-05-19 00:53:00

Passport-style color photograph with the I-129F package

Ahh did not read the comment as meaning there was a sizing issue... I would have thought the Government of Australia and it's postal service would provide passport photos inline with the US standards. After another 10-15 minutes of research I found that it is.

US Passport photo requirements: http://travel.state....plate_5330.html (official .gov website)

Australian Passport photos requirements: https://www.passport...nts/photos.aspx (official .gov.au website)

At first glance one might think these two requirements are not equal, however after reading the instructions for the US passport (which is used by the USCIS for VISA processing) you will see that the important factor is the size of the head not the photo itself. The Australian Passport photo is smaller in size, but the size of the head is within the requirements of the US Passport.

Both the square instead of rectangle dimensions and the head size are required for the medical and visa. USCIS will accept pretty much any size. No, these sizes are NOT equal.

pushbrk

Male

China

2011-05-22 20:26:00

Passport-style color photograph with the I-129F package

Just FYI... I typed in Google "Where to get Passport photos in Australia?" and found the top 2 results were from Australia's National Postal Service that has 1300 locations across Australia and they all perform passport photo services for $14.95 for 4 photos.

This issue is one of size, not availability of generic wrong sized passport photos.

pushbrk

Male

China

2011-05-22 19:29:00

Passport-style color photograph with the I-129F package

I don't know why I wrote G-325A... I know it doesn't have instructions... weird :S Either way yeah, K1 definitely needs them. Took me ages to find a place to do them in Aus.

The G325a DOES have attached instructions. They just don't have anything to do with passport photos. Either way, it is important to note that passport photos are submitted in support of petitions, not in support of G325a forms.

Edited by pushbrk, 22 May 2011 - 12:36 PM.

pushbrk

Male

China

2011-05-22 12:36:00

Passport-style color photograph with the I-129F package

Yes it will. because it says QUITE CLEARLY in the instructions for the G-325A that photos are required. I suggest you get a new lawyer.

The instructions for the G325a say nothing of the kind and the passport photos have zero to do with the G325a. The instructions for the I-129F clearly request passport photos and one from the petitioner is definitely required. See memo below. I recommend including photos from both anyway, since not all adjudicators are familiar with their own internal memo. Sounds like the attorney isn't either.

Interoffice Memorandum
To: SERVICE CENTER DIRECTORS
From: Michael Aytes /S/
Acting Associate Director for Operations
United States Citizenship and Immigration Services
Department of Homeland Security
Date: November 1, 2005
Re: Guidance for Processing Pending Form I-129F Petition for Alien Fiancé(e) when
G-325A for Petitioner and/or Beneficiary is not Signed and/or Photos not Submitted.
Purpose
To provide field offices with guidance on processing Form I-129F petitions when the accompanying G-325A is missing signatures and/or photographs.
A properly executed Form G-325A is required for all I-129F petitions. Previously it was standard practice to issue an RFE when the beneficiary failed to sign the G-325A and/or failed to submit photographs. From the date of this memorandum, an RFE should not be issued in instances where the beneficiary failed to sign the G-325A and/or failed to include photographs provided that the beneficiary is residing abroad. The beneficiary will be required to sign the Form G-325A and/or submit photographs at the time of visa issuance abroad. It is also not necessary to RFE for the petitioner's signature on the G-325A, if the petitioner failed to sign it. The signature of the petitioner on the Form I-129F should be deemed sufficient for purposes of adjudicating the petition. Finally, it is important to note that the petitioner's photograph is still required for the adjudication of the I-129F, so if it is missing, it must be requested prior to adjudication.
Questions regarding this memorandum may be directed through appropriate channels to Mica Pilz of Service Center Operations.

Edited by pushbrk, 22 May 2011 - 09:54 AM.

pushbrk

Male

China

2011-05-22 09:53:00